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Asuncion, Rommiel B.

Bas-ang, Brenda B
1.)
A.
The sale is contrary to law; hence the sale to land is void.
There is no transfer of ownership of the land because of the
delinquency of the taxpayer to him.
The original certificate of title granted to Maria thru a free
patent by the Bureau of lands is valid, but because of her
delinquency the said certificate of title is subject to the right of
the City Government to sell the land at the public auction.
As provided for under P.D 1529, section 44 that every
registered owner receiving a Certificate of Title shall hold the
same free from encumbrances, subject to certain exceptions.
Therefore the issuance of the Official Certificate of Title did
not exempt the land from the tax sales.
B.
Since Juan is not a party to the violation of the law, the law
allows him to recover the amount of P10, 000.
C.
The sale did not divest the title of Maria because of the sale
that is null. There was no sale that was took place.
As provided for by law, in tax sales, the owner is divested of
his land initially upon the award and issuance of the Certificate of
Sale, after the lapse of the 1 year period from its date of
registration, the owner has the right to redeem, upon the
execution by the treasurer of an instrument that is sufficient in its
form and effects to convey the said property.
Thus, Maria still the owner of the land unless another tax
sale is to be performed that is in favor of any qualified buyer.
2.)

In the case of Levin vs. Bass, the Supreme Court made


a distinction between voluntary registration and involuntary
registration:
In voluntary registration sale, mortgage, lease and others, if
the owners certificate is not surrendered and presented or if no
payment of registration fees is made within 15 days, entry in the
book of the deed of sale does not operate to convey and effect
the land that was sold. in voluntary registration of documents an
innocent purchaser for value of registered land becomes the
registered owner, and, in contemplation of law the holder of a
certificate of title, the moment he presents and files a duly
notarized and valid deed of sale and the same is entered in the
day book and at the same time he surrenders or presents the
owner's duplicate certificate of title covering the land sold and
pays the registration fees, because what remains to be done lies
not within his power to perform. The register of deeds is duty
bound to perform it.
In involuntary registration, a notice is also created upon the
registration of Attachment, levy upon, execution, lis pendens and
the like entry thereof in the day book is a sufficient notice to all
persons of such adverse claim. It must include the date and hour
of registration for computing the prescriptive period.
3.)
The court has ruled in the case of NHA vs. Basa, that there is
effective registration once the applicant has fulfilled all what is
needed for purposes of entry and annotation, the action lies if the
Register of Deeds accomplished what needs to be accomplished.
Further the court ruled that there entry alone produces
the effect of registration, whether the transaction is entered
voluntary or involuntary as long as the applicant has
complied with the requirement.
4.)

In one of the jurisprudence named AFP-MBA Inc. vs.


Santiago, the constructive notice is created upon registration
of every conveyance, mortgage, lease, lien, attachment,
order, judgment, instrument or entry affecting registered
land.
The case also used the definition under P.D 1529, Section 52:
Every conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land shall, if
registered, filed or entered in the office of the Register of Deeds
for the province or city where the land to which it relates lies, be
constructive notice to all persons from the time of such
registering, filing or entering.
The act of registering is the operative act to convey or effect
the land if there a third person who is concerned.
5.) Formal requisites and Procedural Requisites.
Formal requisites are provided for under P.D 1529:
That every deed must contain to it:
the full name;
nationality;
civil status;
residence and;
Postal address of the grantee or person acquiring
interest under such instrument.
Changes in the names, residence and postal addresses of all
parties to the instrument shall also be entered on all certificates.
This must be presented to the Register of Deeds.
It further provides that that notices and processes affecting
the land shall be served upon the person in interest at the
address given, which is binding whether that person is outside the
country or not.
If the grantee is a corporation or association, the instrument
shall contain a statement whether it is legally qualified to acquire
private lands. In this connection, Private Corporation or
associations may not hold alienable lands of the public domain
except by lease.

Procedural Requisites:
Under P.D 1529, if the owner desires to convey his lands title
to another he shall:
execute the proper deed of conveyance
In proper form, and present the same, together with
the owners certificate.
The register of deed shall:
enter in the registration book that fact of conveyance
and;
then prepare for a new certificate of title under the
name of the grantee upon delivery of the owners
certificate;
The Register of Deeds shall note upon the original and
duplicate certificate the date of the conveyance, the
volume and page of the registration book in which the
new certificate is registered and the reference number
to the last certificate.
The original certificate and owners duplicate certificate to
the grantor shall be stamped.
Then the deed of conveyance must be filed with the notation
of the number and place of registration of the certificate of title
over the land that was conveyed.
Multiple Choices
1. C
2. A
3. C
4. B
5. D
6. C

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